05-15-1995 Regular MeetingMay 15, 1995
The regular scheduled meeting of Mayor and Council was held at Smyrna City Hall. The meeting was
called to order by presiding officer Mayor A. Max Bacon at 7:30 o'clock p.m. All council members
were present. Also present was City Administrator Bob Thomson, City Clerk Melinda Dameron, City
Attorney Charles E. Camp, Fire Chief Larry Williams, Finance Director Claudia Edgar, Assistant Public
Works Director Ray Curtis, Police Chief Stan Hook, Parks and Recreation Director Steve Ciaccio,
Community Relations Director Kathie Barton, Clean and Beautiful Coordinator Ann Kirk, Personnel
Director Mary Ann White, City Engineer Ken Hildebrandt, and representatives of the press.
Invocation was given by Pastor Larry Smith of I.G.O. Family Church, followed by the pledge to the flag.
Mayor Bacon recognized Mary Ann White, Director of Human Resources, and asked her to come
forward. Ms. White stated the Utility Services Division has been selected as the Team of the Month for
May 1995. Ms. White recognized the following persons from the Utility Services Division: Donna Cox,
Rickey Holbert, Tom Billig, and James Woodall for their outstanding work and presented them with a
letter from the Mayor and a gift certificate. Finance Director Claudia Edgar praised the department for
their spirit of teamwork and thanked them for the excellent job they have done. Chuck Winters, Bennie
Nelson, and Leon Callahan were not present but will also receive a letter and a certificate.
Mayor Bacon then recognized Chief Larry Williams who presented Firefighter Randy Willis with a "Life
Saver Award" for his medical attention given to an eight year old child who was hit by a car in Austell.
Mr. Willis was off duty but responded as a private citizen to the needs of the accident victim.
Councilman Hawkins presented the award to Mr. Willis.
CITIZENS INPUT:
There was none.
PUBLIC HEARINGS:
(A) Annexation of Property - 515 Concord Road, Land Lot 339, 17th District, 2nd Section,
Parcel 12
Mr. Thomson stated this is the public hearing that will actually be held for annexing this property into
the city. Mayor Bacon stated this is a public hearing and asked if anyone was present in opposition to
the annexing of this property. There was none. There was one gentleman who asked if this property
was being rezoned. Mayor Bacon stated tonight is the annexation of this property only and if there is
any future rezoning of the property it will come at a later date.
Councilman Wood stated Mr. Don Wix is here representing the owner of the property described as
follows:
All that tract or parcel of land lying and being in Land Lot 339 of the 17th District, 2nd
Section of Cobb County, Georgia, being Lot 12, Block "A", Unit One, Concord Woods
Subdivision, as per plat recorded in Plat Book 21, Page 8, Cobb County Records, and
more particularly shown on plat of survey made for Malvin Rowland Wade by John S.
Turner, Surveyor, dated August 14, 1979.
Councilman Wood then made a motion that the above described property owned by Mr. Matthew A.
Wade, at 515 Concord Road, Land Lot 339, 17th District, Parcel 12, be annexed into the city and made
a part of Ward 7 effective June 30, 1995. Motion was seconded by Councilman Hawkins. Motion was
approved 7-0.
Mayor Bacon stated if there is any rezoning of that property, it will be posted and the public will be
provided an opportunity at a public hearing to state their support or objection to it.
(B) Alcoholic Beverage License Agent Change - Retail Pouring of Beer, Wine and Liquor -
American Legion Post 160 - 160 Legion Drive
Mr. Thomson stated Mr. Alvin D. Burchfield will be the agent for the establishment and has been given
a copy of the alcoholic beverage license ordinance and the Police Department investigation has found
nothing that will preclude the issuance of this license.
Mayor Bacon stated this is a public hearing and asked if anyone was present in opposition to the granting
of this license request. There was none. Mayor Bacon then stated this is in Mr. Jim Hawkins ward and
May 15, 1995 - continued
further stated the American Legion has held an alcoholic pouring license probably longer than any
establishment in Smyrna.
Councilman Hawkins stated Mr. Burchfield has held the license as the agent before but our ordinance
requires when there is a changeover of administration, they have to appoint another agent. Mr. Hawkins
stated Mr. Burchfield has held the license many times and the application meets all the requirements of
our ordinance. Councilman Hawkins made a motion the alcoholic beverage license for agent change at
the American Legion Post 160 be approved. Councilman Scoggins seconded the motion. Councilman
Lnenicka asked Mr. Burchfield to be sure to read the new ordinance to be sure he was familiar with it
since it has changed since last year. Motion was approved 7-0.
(C) Alcoholic Beverage License - Retail Pouring of Beer and Wine - Wings Pub, 1024 Windy
Hill Road
Mr. Thomson stated Ms. Ko Kelly will be the agent for this location and will also be the manager. He
further stated Wings Pub is located in the former location of The Donut Palace. He also stated the Police
Department investigation found nothing that would preclude the issuance of this license. Mayor Bacon
stated this is a public hearing and asked if anyone was present in opposition to the granting of this license
request. There was none.
Councilman Hawkins asked Ms. Ko Kelly if she is the owner of Wings Pub and she responded Mr. Dong
Jin Choi is the owner. Mr. Hawkins asked Ms. Kelly how she will be employed by Wings Pub. Ms.
Kelly responded she will be working there every day. Mr. Hawkins then asked Ms. Kelly if she has
received a copy of the alcoholic beverage ordinance and she responded she has, he then asked if she
understood a person has to be twenty-one years of age in order to be served and she responded yes. Mr.
Hawkins asked if she understands the laws of the City of Smyrna and Ms. Kelly responded yes. Mr.
Hawkins asked if Ms. Kelly thought there would be any type of language barrier that would make it hard
for her to serve alcohol and Ms. Kelly responded no.
Councilman Wood asked Ms. Kelly if she has ever served as an agent before and Ms. Kelly responded
no. Mr. Wood then re-emphasized that she be familiar with the rules, regulations and procedures for
serving alcohol and cautioned the city does frequently conduct sting operations to verify that a business
is complying with the ordinance.
Councilman Hawkins stated for the record that a background investigation was conducted on both Ms.
Kelly and Mr. Don Choi and there was nothing in their background that would preclude the issuance of
this license. Mr. Hawkins made a motion the pouring license for Wings Pub, 1024 Windy Hill Road,
be approved. Councilman Cramer seconded the motion. Motion was approved 7-0.
FORMAL BUSINESS:
(A) Bid Opening (95005) - Dixie Avenue Sewer Line
Mayor Bacon asked if there were any bids in the audience. There were none. Bids were opened and
read as follows:
Ralph Ardito's Ditching & Pipeline Company $38,373
Davis Contracting Company, Inc. $45,900
Campbell Construction Company, Inc. $46,225
Councilman Scoggins made a motion the bids be turned over to the Public Works Committee for their
review and with a recommendation to be brought back before Council at the next meeting. Councilman
Cramer seconded the motion. Motion was approved 7-0.
COMMERCIAL BUILDING _PERMITS:
There were none.
BID AWARDS: There were none.
May 15, 1995 - continued
CONSENT AGENDA:
(A) Approval of May 1, 1995, Minutes
(B) Approval to Request Bids for Mimosa Circle Water Line
(C) Approval to Request Bids for Riverview Sewer Outfall
(D) Approve Post Properties Refunding Bonds.,
Councilman Cramer made a motion the consent agenda be approved. Councilman Hawkins seconded the
motion. Motion was approved 7-0.
COMMITTEE REPORTS:
Councilman Patrick stated there is no report from the Library.
Mayor Bacon stated Ms. Doris Morris has accepted the position of interim Library Director until a
permanent Library Director can be selected. Ms. Morris will begin at the Library May 16.
Councilman Newcomb asked Mary Ann White for a report from the Human Resources Department. Ms.
White stated several applications have been received for the Library Director's position and they are in
the process of reviewing those applications. Ms. White announced there are still job openings for the
summer SMURF program for the Public Works and Parks Departments.
Councilman Scoggins asked Kathie Barton for a report on Community Relations. Ms. Barton announced
everyone will be receiving a flyer in their water bills outlining the summer concert programs and urged
everyone to read the flyers and attend the concerts.
Councilman Scoggins asked Ann Kirk for a report on the Smyrna Clean and Beautiful. Ms. Kirk
reported the winners of the Environmental Video Contest in the schools will be shown on Smyrna Cable
TV the next three Saturdays at 10:00 a.m. She announced there were seven winners and the videos are
approximately three minutes each. Ms. Kirk also stated pamphlets are available on mulching which
hopefully will educate the public on how to mulch and therefore prevent grass clippings and yard waste
from being sent to our landfills before the landfill ban which will be effective in 1996. Ms. Kirk also
reported curbside recycling had 94,814 pounds of newspapers; 46,600 pounds of glass; 8,000 pounds of
aluminum and tin; 4,000 pounds of magazines; 7,000 pounds of plastics this month; and 202 gallons of
oil recycled at the curb and a 71% participation rate. For the fiscal year the city has saved $26,180 in
tipping fees.
Councilman Scoggins stated Ray Curtis, Assistant Public Works Director, does not have a report tonight.
Councilman Hawkins stated there is not a report from the Fire Department tonight.
Councilman Cramer asked Steve Ciaccio for a report on the Parks and Recreation Department. Mr.
Ciaccio reported the concert series will begin this Friday, May 19. Mr. Ciaccio also reported there will
be handicapped parking areas behind the Library but reminded everyone they will have to have a
handicapped decal on their license plate in order not to be ticketed by the Park Rangers. Mr. Ciaccio
also reported May 16 is Smyrna Night at the Braves against the Colorado Rockies and Mayor Bacon will
throw out the first ball.
Councilman Lnenicka stated there is not a report from the Police Department tonight. He also stated he
will be unable to attend the Smyrna Night at the Braves due to a meeting being held concerning the CSX
rail line which is partially located in Ward 6. He stated the meeting is a public meeting and will be held
in Marietta and will allow for public input concerning the commuter rail issue that will affect Smyrna.
Councilman Wood stated there is no report from the Finance Department tonight.
With no further business, the meeting adjourned at 7:58 p.m.
May 15 1995 - continued
A. MAX BACON, MAYOR MELINDA DAMERON, CITY CLERK
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J N PATRICK, WARD 1 RON NEWCOMB, WARD 2
JACK CRAMER, WARD 5
CHARLES PETE WOOD, WARD 7
,AJAMES M. HAWKINS, WARD 4
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WADE S. LANICKA, ,...